Kerala High Court
Sheeja Jayan vs Percy Joseph on 22 February, 2019
Author: Sathish Ninan
Bench: Sathish Ninan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE SATHISH NINAN
FRIDAY, THE 22ND DAY OF FEBRUARY 2019 / 3RD PHALGUNA, 1940
O.P.(C)No.485 of 2019
(AGAINST THE ORDER DATED 14-11-2018 IN I.A.No.596/2018
IN O.S.No.11/2017 OF SUB COURT, THODUPUZHA)
PETITIONER/RESPONDENT/DEFENDANT NO.1:
SHEEJA JAYAN, AGED 50 YEARS,
W/O. JAYAN,
JAYANILAYAM, 6TH WARD,
NEAR SREEKRISHNA TEMPLE,
THODUPUZHA.
BY ADVS.
SRI.M.B.SANDEEP
SMT.K.P.SREEJA
SMT.R.PRIYA
SMT.SHERIN VARGHESE
SRI.B.SURJITH
SRI.M.J.KIRANKUMAR
RESPONDENTS/PETITIONERS/PLAINTIFFS & DEFENDANT NOS. 2 TO 18:
1 PERCY JOSEPH, S/O. DESMUND,
HOUSE NO.31/B, POONITHURA KARA,
POONITHURA VILLAGE, 682 038.
2 ASHA PERCY, W/O. PERCY JOSEPH,
HOUSE 31/B, POONITHURA KARA,
POONITHURA VILLAGE, 682 038.
3 SWAROOP PERCY, S/O. PERCY JOSEPH,
HOUSE 31/B, POONITHURA KARA,
POONITHURA VILLAGE, 682 038.
4 CINDA PERCY, D/O. PERCY JOSEPH,
HOUSE 31/B, POONITHURA KARA,
POONITHURA VILLAGE, 682 038.
5 R. NISHANTHINI IPS,
DISTRICT POLICE CHIEF,
DISTRICT POLICE OFFICE,
O.P.(C)Nos.485 & 511 of 2019
2
THRISSUR RURAL 680 009.
6 PRAMEELA.P.D.,
WCPO-2784, VHL, THODUPUZHA,
RESIDING AT ARUKALIL HOUSE,
KOOTHATTUKULAM P.O.,
KOOTHATTUKULAM, 686 662.
7 BIJU, S/O. MADAVAN,
ARUKALIL HOUSE,
KOOTHATTUKULAM P.O.,
KOOTHATTUKULAM 686 662.
8 A.S. YAMUNA, WCPO-3076,
KARIMKUNNAM POLICE STATION,
RESIDING AT VALIYACHIRA HOUSE,
KAIPPUZHAMUTTU,
KUDAVACHOOR P.O.,
VAIKOM-686 144.
9 GEORGE VARGHESE IPS,
FORMER S.P. OF IDUKKI (RETD),
S/O. A.G. GEORGE,
EDAYILE HOUSE,
ELAKOLLUR P.O., KONNI,
PATHANAMTHITTA-689 691.
10 K.V. MURALEEDHARAN NAIR,
KANEETTIL HOUSE,
MARIKA P.O.,
KOOTHATTUKULAM 686 662.
11 CLEETUS, S.I. OF POLICE,
KARIMKUNNAM POLICE STATION,
KARIMKUNNAM P.O.,
PIN-685 586.
12 C.A. ABDULKARIM,
SUB INSPECTOR,
THODUPUZHA POLICE STATION,
THODUPUZHA.P.O.,
NOW RESIDING AT CHETHIKOTTIL HOUSE,
KALIYAR P.O., PIN-685 582.
13 DR. AJI P.N., DOCTOR,
TALUK HEAD QUARTERS HOSPITAL,
THODUPUZHA P.O., PIN-685 584.
O.P.(C)Nos.485 & 511 of 2019
3
14 R. SREELEKHA IPS,
ADDL. DIRECTOR GENERAL OF POLICE (INTELLIGENCE),
SPL. BRANCH, CID HEAD QUARTERS, PATTOM,
THIRUVANANTHAPURAM 695 004.
15 K.I. MUHAMMED,
(RETD SI OF POLICE),
KAROTTUCHANGAZHIMATTATHIL HOUSE,
UDUMBANNOOR P.O.,
THODUPUZHA 685 595.
16 SAJAN PETER IPS,
FORMER PRINCIPAL SECRETARY (RETD),
VENGASSERY HOUSE,
NCC COMPLEX,
NCC ROAD, THIRUVANANTHAPURAM 695 014.
17 NIVEDITHA.P. HARAN,
IAS (RETD), 23 IPS VILLA,
P-6 BIDERS ARE, GREATER NOIDA,
U.P. 20 13 08.
18 S.T. SURESHKUMAR,
Dy. SP, DISTRICT CRIME RECORDS BUREAU,
DISTRICT POLICE OFFICE,
MALAPPURAM P.O.,
NOW WORKING AS Dy. SP,
POLICE CONTROL ROOM, THEVARA,
ERNAKULAM-682 103.
19 KEERALA POLICE,
REPRESENTED BY INSPECTOR GENERAL OF POLICE,
KERALA, THIRUVANANTHAPURAM-695 001.
20 HOME DEPARTMENT OF KERALA,
REPRESENTED BY HOME SECRETARY,
HOME DEPARTMENT,
THIRUVANANTHAPURAM-695 001.
21 STATE OF KERALA,
REPRESENTED BY CHIEF SECRETARY OF KERALA,
THIRUVANANTHAPURAM-695 001.
O.P.(C)Nos.485 & 511 of 2019
4
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
22.02.2019, ALONG WITH OP(C).511/2019, THE COURT ON
THE SAME DAY PASSED THE FOLLOWING:
O.P.(C)Nos.485 & 511 of 2019
5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE SATHISH NINAN
FRIDAY, THE 22ND DAY OF FEBRUARY 2019/3RD PHALGUNA, 1940
O.P.(C)No.511 of 2019
(AGAINST THE ORDER DATED 14.11.2018 IN I.A.No.596/2018
IN O.S.No.11/2017 OF SUB COURT, THODUPUZHA)
PETITIONERS/RESPONDENTS 3 & 4/DEFENDANTS 3 & 4:
1 PRAMEELA P.D., AGED 46 YEARS,
WCPO-2784, VHL,
W/O. BIJU, THODUPUZHA,
RESIDING AT ARUKALIL HOUSE,
KOOTHATTUKULAM P.O,
KOOTHATTUKULAM,
PIN-686 662.
2 BIJU, AGED 50 YEARS,
ARUKALIL HOUSE,
KOOTHATTUKUKLAM P.O,
KOOTHATTUKULAM, PIN-686 662.
BY ADV. SRI.ANEESH JAMES
RESPONDENTS:
1 PERCY JOSEPH, AGED 56 YEARS,
S/O. DESMUND, HOUSE NO.31/B,
POONITHURA KARA, POONITHURA VILLAGE,
PIN-682 317, BANK MANAGER,
2 ASHA PERCY, AGED 47 YEARS,
W/O. PERCY JOSEPH, HOUSE NO.31/B,
POONITHURA KARA,
POONITHURA VILLAGE, PIN-682 317.
3 SWAROOP PERCY, AGED 26 YEARS,
S/O.PERCY JOSEPH, HOUSE NO.31/B,
O.P.(C)Nos.485 & 511 of 2019
6
POONITHURA KARA, POONITHURA VILLAGE,
PIN-682 317.
4 ZINDA PERCY, AGED 19 YEARS,
D/O. PERCY JOSEPH, HOUSE NO.31/B,
POONITHURA KARA, POONITHURA VILLAGE,
PIN-682 317,
5 SHEEJA JAYAN, W/O. JAYAN,
JAYANILAYAM, 6TH WARD,
NEAR SREEKRISHNA TEMPLE,
THODUPUZHA, PIN-685 584.
6 R. NISHANTHINI IPS,
DISTRICT POLICE CHIEF,
DISTRICT POLICE OFFICE,
TRISSUR RURAL,
7 A S. YAMUNA, WCPO-3079,
KARIMKUNNAM POLICE STATION,
RESIDING AT VALIYACHIRA HOUSE,
KAIPPUZHAMUTTU, KUDAVECHOOR P.O,
VAIKOM, PIN-686 144.
8 GEORGE VARGHESE, IPS,
FORMER S.P. OF IDUKKI(RETD),
S/O. A.G.GEORGE, EDAYILE HOUSE,
ELAKOLLUR P.O, KONNI,
PATHANAMTHITTA, PIN-689 691.
9 K.V.MURALEEDHARAN NAIR,
KANEETTIL HOUSE, MARIKA P.O.,
KOOTHATTUKULAM, PIN-686 662.
10 CLEETUS, S.I. OF POLICE,
KARIMKUNNAM POLICE STATION,
KARIMKUNNAM P.O, PIN-685 586.
11 C.A. ABDULKARIM, SUB INSPECTOR,
THODUPUZHA POLICE STATION, THODUPUZHA P.O,
NOW RESIDING AT CHETHIKOTTIL HOUSE,
KALIYAR P.O, PIN-685 584.
12 DR. AJI P.N, DOCTOR,
TALUK HEAD QUARTERS HOSPITAL,
THODUPUZHA P.O, PIN-685 584.
O.P.(C)Nos.485 & 511 of 2019
7
13 R. SREELEKHA IPS,
ADDL. DIRECTOR GENERAL OF POLICE(INTELLIGENCE),
SPL. BRANCH, CID HEAD QUARTERS, PATTOM,
THIRUVANANTHAPURAM, PIN-695 004.
14 K.I.MUHAMMED(RETD.S.I OF POLICE),
KAROTTUCHANGAZHIMATTAHIL HOUSE,
UDUMBANNOOR P.O, THODUPUZHA-685 595.
15 SAJAN PETER, IAS,
FORMER PRINCIPAL SECRETARY(RETD),
VENGASSERY HOUSE, NCC COMPLEX, NCC ROAD,
THIRUVANANTHAPURAM-695 001.
16 NIVEDITHA P. HARAN, IAS (RETD),
23 IPS VILLA, P-6 BIDERS AREA,
GREATER NOIDA, U.P., PIN-20 13 08.
17 S.T SURESHKUMAR,
DY.S.P., DISTRICT CRIME RECORDS BUREAU,
DISTRICT POLICE OFFICE, MALAPPURAM P.O,
NOW WORKING AS DY.S.P., POLICE CONTROL ROOM,
THEVARA, ERNAKULAM, PIN-682 103.
18 KERALA POLICE,
REPRESENTED BY INSPECTOR GENERAL OF POLICE,
KERALA, THIRUVANANTHAPURAM-695 010.
19 HOME DEPARTMENT OF KERALA,
REPRESENTED BY HOME SECRETARY,
HOME DEPARTMENT, THIRUVANANTHAPURAM-695 001.
20 STATE OF KERALA,
REPRESENTED BY CHIEF SECRETARY OF KERALA,
THIRUVANANTHAPURAM-695 001.
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
22.02.2019, ALONG WITH OP(C).485/2019, THE COURT ON
THE SAME DAY PASSED THE FOLLOWING:
O.P.(C)Nos.485 & 511 of 2019
8
JUDGMENT
An order permitting amendment of the plaint, is under challenge in these original petitions by various defendants.
The suit is one for damages, alleging malicious prosecution. As per the amendment, the plaintiff seeks to incorporate certain details with respect to the incidents.
As noticed by the court below, there cannot be any change in the nature or character of the suit. What is sought for is to bring forth certain factual details. I do not find any error of jurisdiction, warranting interference by this court. Needless to say that, the defendants shall be entitled to file additional written statement to the amended plaint.
The original petitions are dismissed.
Sd/-
SATHISH NINAN JUDGE ss O.P.(C)Nos.485 & 511 of 2019 9 APPENDIX OF OP(C) 485/2019 PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE O.S. NO. 11/2017 ON THE FILES OF SUBORDINATE JUDGE COURT, THODUPUZHA.
EXHIBIT P2 TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE PETITIONER.
EXHIBIT P3 TRUE COPY OF I.A. NO. 596/2018 IN O.S. NO.
11/2017 ON THE FILES OF SUBORDINATE JUDGE COURT, THODUPUZHA.
EXHIBIT P4 TRUE COPY OF THE OBJECTION FILED BY THE PETITIONER IN I.A. NO. 596/2018 IN O.S. NO. 11/2017 ON THE FILES OF SUBORDINATE JUDGE COURT, THODUPUZHA.
EXHIBIT P5 TRUE COPY OF THE ORDER DATED 14.11.2018 IN I.A. NO. 596/2018 IN OS. NO. 11/2017 ON THE FILES OF SUBORDINATE JUDGE COURT THODUPUZHA.
APPENDIX OF OP(C) 511/2019 PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF PLAINT IN O.S.NO.11 OF 2017 FILED BY PLAINTIFF BEFORE THE SUB COURT, THODUPUZHA.
EXHIBIT P2 TRUE COPY OF WRITTEN STATEMENT FILED BY THE 2ND DEFENDANT IN O.S NO.11 OF 2017 BEFORE THE SUB COURT, THODUPUZHA.
O.P.(C)Nos.485 & 511 of 2019 10 EXHIBIT P3 TRUE COPY OF I.A.NO.596 OF 2018 IN O.S.NO.11/2017 FOR AMENDING EXHIBIT.P1 PLAINT, FILED BY THE PLAINTIFFS BEFORE THE SUB COURT, THODUPUZHA.
EXHIBIT P4 TRUE COPY OF OBJECTION TO EXHIBIT P3 FILED BY THE 2ND DEFENDANT IN O.S.NO.11/2017 FILED BEFORE THE SUB COURT, THODUPUZHA.
EXHIBIT P5 TRUE COPY OF ORDER DATED 14-11-2018 I.A NO.596 OF 2018 IN O.S.NO.11 OF 2017 OF THE SUB COURT, THODUPUZHA.